Sita Devi vs State of U.P. and 5 Others

Neutral Citation No. - 2025:AHC:66935

Court No. - 74

Case :- WRIT - C No. - 6117 of 2025

Petitioner :- Sita Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Kiran Tiwari,Mahesh Chandra Tiwari Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents and perused the material on record.

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The petitioners' case is that the petitioner no.1 is having livein-relationship with petitioner no. 2 against the wishes of respondent no.4 and 5 as well, therefore, apprehend threat to their lives by them. In the given background, the petitioners have preferred the instant petition for seeking direction to the police/respondents to take appropriate measures to protect their lives.

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Per contra, learned Standing Counsel submits that the Division Bench of this Court in Asha Devi & Anr. v. State of U.P. and 3 Ors (Writ C-18743 of 2020) held and reiterated the settled law by the Supreme Court in a plethora of judgments about issuing a mandamus under Article 226, the Court must determine that the aggrieved person has a legal right that has been infringed. A mandamus is a command directing a person, corporation, inferior Court, or government to perform a specified public duty. It is issued against public authorities, administrative bodies, or anyone with a statutory or common law duty. The petitioners must prove a legal right to the performance of this duty at the time of the petition.

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Admittedly, the petitioner no.1 is having live-in-relation with petitioner no.2 and as such no writ under Article 226 is issued in their favour.

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In view thereof, the instant petition is devoid of merits and is, accordingly, dismissed .

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Order Date :- 28.4.2025 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Sita Devi v. State of U.P. and 5 Others

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Sita Devi v. State of U.P. and 5 Others

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